Sec. 7807.111. SETBACK LINES. (a) The board shall establish building setback lines along any waterway in the boundaries of the district if the board finds the setback lines are needed to protect the public health and safety and to accomplish the purposes of Section 59, Article XVI, Texas Constitution.

(b) After the establishment of building setback lines, no structure may be erected within the setback lines. In any subsequent eminent domain proceeding instituted by the district to acquire the area within the setback lines, it shall constitute prima facie showing that the person erecting the structure did so at the person's own risk with knowledge of:

(1) the fact that erecting the structure interfered with the district's setback provisions; and

(2) the district's right to remove the structure erected after the establishment of the setback lines without payment of the value of the structure.

(c) The area included within the building setback lines shall be described by field notes, map or plat, or both. A certified copy of the description shall be filed for record immediately with the county clerk of Dallas County.

(d) Before establishing building setback lines, the board shall hold a public hearing. The board must:

(1) publish notice of the hearing in a newspaper having general circulation in Dallas County at least 15 days before the hearing; and

(2) mail notice of the hearing to the latest available address for each landowner affected by the proposed setback lines.

(e) After establishing building setback lines, the board may, following notice and a hearing as required by Subsection (d), amend or grant exceptions to the setback lines.

Added by Acts 2011, 82nd Leg., R.S., Ch. 70 (S.B. 1147), Sec. 1.02, eff. April 1, 2013.